HC Deb 31 March 1999 vol 328 cc1195-6

  1. 16A.—(1) Section 82 (rules as to political fund) shall be amended as follows.
  2. (2) After subsection (2) insert— "(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit."
  3. (3) After subsection (3) insert— "(3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date." '

No. 160, in page 76, line 46, leave out from beginning to end of line 47 and insert— 'Section 103 (complaints about procedure relating to amalgamation or transfer of engagements) shall be amended as follows.

(2) After subsection (2) insert— (2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit.

(3) After subsection (5) insert— (5A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'

No. 60, in page 77, line 15, leave out '(5)' and insert '(5A)'.

No. 62, in page 77, line 24, leave out 'conference or other body' and insert 'decision-making meeting'.

No. 61, in page 77, line 33, leave out subsection (5) and insert— '(5) An application must be made—

  1. (a) within the period of six months starting with the day on which the breach or threatened breach is alleged to have taken place, or
  2. (b) if within that period any internal complaints procedure of the union is invoked to resolve the claim, within the period of six months starting with the earlier of the days specified in subsection (5A).

(5A) Those days are—

  1. (a) the day on which the procedure is concluded, and
  2. (b) the last day of the period of one year beginning with the day on which the procedure is invoked.'

No. 63, in page 78, line 1, leave out subsection (8) and insert— '(8) For the purposes of subsection (2)(d) a committee is an executive committee if—

  1. (a) it is a committee of the union concerned and has power to make executive decisions on behalf of the union or on behalf of a constituent body,
  2. (b) it is a committee of a major constituent body and has power to make executive decisions on behalf of that body, or
  3. (c) it is a sub-committee of a committee falling within paragraph (a) or (b).
(8A) For the purposes of subsection (2)(d) a decision-making meeting is—
  1. (a) a meeting of members of the union concerned (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union, is final as regards the union or which, under the rules of the union or a constituent body, is final as regards that body, or
  2. (b) a meeting of members of a major constituent body (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union or the body, is final as regards that body.
 (8B) For the purposes of subsections (8) and (8A), in relation to the trade union concerned—
  1. (a) a constituent body is any body which forms part of the union, including a branch, group, section or region;
  2. (b) a major constituent body is such a body which has more than 1,000 members.'

No. 161, in page 78, line 35, at end insert— '(aa) shall make such enquiries as he thinks fit,'.

No. 162, in page 79, line 3, at end insert— '(4A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'

No. 163, in page 79, line 47, leave out '(6)' and insert '(2A) and (5A)'.—[Mr. Pope.]

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